Md. Rashid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21341 of 2019 Arising Out of PS. Case No.-559 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.

Md. Rashid S/o Md. Gaffar, Resident of Village-Rewahi, P.S-Narpatganj, District-Araria.

2.

Raju Swarnkar, Son of Dinesh Swarnkar, Resident of Village-Hatiya, Gachhi, P.S.-Saharsa,District-Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Section 380 of the Indian Penal Code.

Allegation is that unknown thieves committed theft in the house of the informant and took away three golden earrings, two pair ankle rings, two golden coins and other ornaments. It has been submitted on behalf of the petitioner that the petitioners are in custody since 26.11.2018. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are not named in the F.I.R. Their name has come on confessional

Patna High Court CR. MISC. No.21341 of 2019(2) dt.08-05-2019 2/2 statement of co-accused. Neither any incriminating article has been recovered from the possession of the petitioners nor the petitioners have been put on T.I.P. It is further submitted that the petitioners may be released after completion of nine months in custody from 26.11.2018.

On behalf of the State, it is submitted that the petitioners are not named in the F.I.R. The petitioners have criminal cases pending against them.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail after completion of nine months in custody from 26.11.2018 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Narpatganj P.S. case No.559 of 2018 (G.R. No.3072 of 2018).

(Sudhir Singh, J) Narendra/- U T